43 CFR §4.1034
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)A party or a prospective witness or deponent may file a motion requesting a protective order to limit from disclosure to other parties or to the public a document or testimony containing information which is confidential or exempt by law from public disclosure.
- (b)In the motion the person must describe the information sought to be protected from disclosure and explain in detail:
- (c)If the person seeks non-disclosure of information in a document:
- (1)The motion must include a copy of the document with the confidential information deleted. If it is not practicable to submit such a copy of the document because deletion of the information would render the document unintelligible, a description of the document may be substituted.
- (2)The ALJ may require the person to file a sealed copy of the document for in camera inspection.
- (d)Ordinarily, documents and testimony introduced into the public hearing process are presumed to be public. In issuing a protective order, the ALJ may make any order which justice requires to protect the person, consistent with the mandatory public disclosure requirements of the Freedom of Information Act, 5 U.S.C. 552(b), and other applicable law.